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Compensation for the Failure to Perform a Timely C-Section Approved in Court

A €1.35 million interim settlement of compensation for the failure to perform a timely C-Section operation has been approved in the High Court.          

The claim for the failure to perform a timely C-Section operation was made on behalf of a boy from Bantry in County Cork, who was born at the Cork University Maternity Hospital in March 2010 after an alleged failure to correctly interpret a CTG scan showing that the child was suffering foetal distress.

As a result of the alleged hospital negligence, there was a failure to perform a Caesarean Section operation in a timely manner, which ultimately led to the child suffering hypoxic ischaemic encephalopathy in the womb and being born with brain damage.

Now six years of age, the boy is blind cannot speak, suffers seizures every day and requires around-the-clock care. He is looked after at home by his parents and their extended families – and he also receives support from the Jack and Jill Foundation.

The boy´s mother claimed compensation for the failure to perform a timely C-Section from the Health Service Executive (HSE), who denied the claims, but who agreed to a €1.35 million interim settlement without an admission of liability while reports were being compiled into the boy´s future needs.

At the approval hearing at the High Court, Mr Justice Kevin Cross heard how it had been an ordeal for the family to get compensation for the failure to perform a timely C-Section and the family was relieved that the legal process was all over. The judge approved the interim settlement and adjourned the case for three years, wishing the family all the best for the future.

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